CITY OF ATOKA v. McNEIL

CITY OF ATOKA v. McNEIL
1952 OK 389
250 P.2d 29
207 Okla 403
Case Number: 34981
Decided: 11/12/1952
Supreme Court of Oklahoma

Syllabus

¶0 APPEAL AND ERROR - Failure of defendants in error to file brief - Reversal. Where plaintiffs in error have served and filed a brief, but the defendants in error have neither filed a brief nor offered any excuse for their failure to do so, the court is not required to search the record to find some theory upon which the judgment of the trial court may be sustained, but may, where the authorities cited in the brief filed appear reasonably to sustain the assignments of error, reverse the cause with directions.

Appeal from District Court, Atoka County; James H. Mathers, Judge.

Action to restrain the installation of parking meters. From a judgment for plaintiffs, defendants appeal. Reversed and remanded, with directions.

Paul & McPheron, Durant, and Connor O. Montgomery, Atoka, for plaintiffs in error.

I.L. Cook, Atoka, and H.M. Shirley, Coalgate, for defendants in error.

GIBSON, J.

¶1 Plaintiffs in error have appealed from a judgment entered against them in the trial court, and on January 5, 1952, they filed their brief. The authorities therein cited reasonably sustain the allegations of error. The defendants in error have filed no brief and have offered no excuse for such failure. Under such circumstances, as stated in Fore v. Fore, 203 Okla. 75, 218 P.2d 366, it is not the duty of this court to search the record for some theory upon which to sustain the action of the trial court, but the cause will be reversed and remanded, with directions.

¶2 The cause is reversed and remanded, with directions to vacate the judgment for the defendants in error and enter judgment for the plaintiffs in error as prayed for in the petition in error.

¶3 HALLEY, V.C.J., and WELCH, CORN, JOHNSON, O'NEAL, and BINGAMAN, JJ., concur.